Key terms & conditions

Heritage Landscaping & Fencing

​Terms and Conditions of Contract

​Heritage Landscaping & Fencing (The Contractor)

Based in Yeovil Somerset 

Email: heritagelandscapingfencing@gmail.com 

​The Client: The person(s) or entity engaging the services of the Contractor.

​The Contract: The agreement between the Client and the Contractor, which includes the written Quotation/Specification and these Terms and Conditions. Acceptance of the Quotation is acceptance of these Terms and Conditions.

​1. Quotation and Acceptance

​1.1. The Quotation (or Estimate) provided by the Contractor is an offer to carry out the described works (The Works) for the price stated.

1.2. The Quotation is valid for 30 days from the date of issue.

1.3. The Contract is formed when the Client provides written (email is acceptable) or verbal acceptance of the Quotation.

1.4. The Contractor reserves the right to withdraw the Quotation at any time prior to the Client's acceptance.

1.5. The Quotation is based on the scope of work and materials specifically detailed. Any alterations, additions, or variations to The Works must be agreed upon in writing by both the Client and the Contractor and may result in an adjustment to the price and/or duration.

​2. Price and Payment

​2.1. The Contract price is as specified in the Quotation

2.2. A non-refundable deposit specified on the quotation of a set percentage of the overall cost of the total Contract price is required upon acceptance of the Quotation to secure the booking and allow for the purchase of materials. No work will commence until this deposit is paid.

2.3. The Contractor reserves the right to request interim payments (stage payments) for work completed and materials delivered to the site, particularly for contracts expected to last more than one week. The schedule for interim payments will be detailed in the Quotation.

2.4. The final balance of the Contract price is due immediately upon practical substantial completion of The Works and presentation of the final invoice.

2.5. All invoices are payable within seven (7) days of the invoice date unless otherwise agreed in writing.

2.6. If the Client fails to make any payment by the due date, the Contractor shall be entitled to suspend or terminate The Works, and statutory interest may be charged on the outstanding balance in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

​3. Client Obligations and Site Conditions

​3.1. The Client must clear the area where The Works are to be carried out of all furniture, debris, pets, and any other obstacles before the agreed start date.

3.2. The Client warrants that the site is free from any known hazards, obstructions, underground pipes, cables, or services that are not visible upon surface inspection. The Client must accurately indicate the location of all underground services (e.g., electricity, gas, water, drainage) and boundary lines prior to commencement.

3.3. The Contractor is not liable for damage to any underground services, pipes, or cables not marked or made known to the Contractor in writing prior to starting The Works. Any additional costs incurred by the Contractor as a result of striking unmarked services or unforeseen obstructions (e.g., rock, heavy clay, tree roots, old foundations) will be borne by the Client and agreed upon in advance.

3.4. The Client shall provide the Contractor with reasonable access to the site during agreed working hours.

3.5. The Client must provide reasonable access to mains electricity and water on the site for the duration of The Works, the cost of which will be borne by the Client.

3.6. The Client is responsible for obtaining any necessary local authority approvals, planning permissions, and consents (including for boundary work and Tree Preservation Orders) before The Works commence. The Client will indemnify the Contractor against any claims or proceedings resulting from the Client's failure to do so.

​4. Contractor Obligations and Completion

​4.1. The Contractor will carry out and complete The Works described in the Quotation with reasonable care and skill and in a proper and workmanlike manner, in compliance with the Consumer Rights Act 2015.

4.2. The Contractor will comply with relevant Health and Safety regulations and take reasonable steps to minimise environmental disturbance and nuisance.

4.3. The estimated duration of the contract is an approximation. The Contractor shall not be liable for any delays arising from circumstances beyond their reasonable control (Force Majeure), including, but not limited to, adverse weather conditions, strikes, machinery breakdown, unexpected site conditions (see 3.3), or material shortages.

4.4. The Contractor will dispose of all rubbish and debris arising directly from The Works in a safe and legal manner.

​5. Materials and Goods

​5.1. All goods and materials delivered to the site become the responsibility of the Client once delivered. The Contractor accepts no liability for loss, damage, or theft of materials after delivery, including during overnight storage, unless directly caused by the Contractor's negligence.

5.2. Materials delivered in excess of the Contract requirements remain the property of the Contractor and will be removed upon completion.

5.3. All goods remain the property of Heritage Landscaping & Fencing until the final payment is received in full.

​6. Defects, Warranties, and Liability

​6.1. The Contractor warrants that The Works will be free from defects in workmanship for a period of six (6) months from the date of practical substantial completion. Any defect must be notified to the Contractor in writing within this period.

6.2. The Contractor will not be liable for any damage or deterioration resulting from normal wear and tear, neglect, or misuse by the Client, or defects in goods/materials supplied by the Client.

6.3. The Contractor is not responsible for the natural shrinkage, cracking, or movement of hard surfaces (e.g., patios, paving) that can occur due to changes in weather or ground conditions after completion.

6.4. Any living material (plants, turf, seeds) supplied by the Contractor is guaranteed for 3 months from planting/laying, provided the Client has followed proper aftercare instructions. The Contractor is not liable for failure due to lack of maintenance, watering, or other conditions beyond the Contractor's control (e.g., extreme weather, pest damage).

6.5. Except for death or personal injury caused by the Contractor's negligence, the Contractor's total liability under the Contract shall not exceed the total value of the Contract. The Contractor will not be liable for any indirect or consequential loss, costs, or expenses.

​7. Cancellation and Termination

​7.1. Client's Right to Cancel (Cooling-Off Period): If the Contract is agreed upon away from the Contractor's premises (e.g., at the Client's home, online, or by phone), the Client has a statutory right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel within 14 days without penalty. The Client must notify the Contractor of the cancellation in writing.

7.2. If the Client requests The Works to begin within the 14-day cancellation period, they must acknowledge and agree in writing that they will be liable for the reasonable cost of any services performed and materials purchased up to the point of cancellation.

7.3. Cancellation outside of the Cooling-Off Period: If the Client cancels the contract outside of the statutory cooling-off period, or if no cooling-off period applies (e.g., the contract was signed at the Contractor's place of business), the Contractor reserves the right to charge a reasonable cancellation fee to cover administrative costs, loss of profit, and the cost of any non-returnable materials already purchased.

7.4. The Contractor may terminate the Contract immediately if the Client:

* Fails to pay any sum due by the due date.

* Fails to provide access to the site.

* Is in material breach of any other term of the Contract.

​8. Photographic and Marketing Use

​8.1. The Contractor reserves the right to take and use photographs and videos of The Works before, during, and after completion for marketing and promotional purposes (e.g., website, social media, portfolio).

8.2. If the Client objects to the use of images of their property, they must inform the Contractor in writing before The Works commence.

​9. Governing Law

​9.1. This Contract shall be governed by and interpreted in accordance with the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the Courts of England and Wales. Being based in Yeovil, Somerset, any legal proceedings will typically be initiated within this jurisdiction.